Charges dropped in zombie Nativity case
Sycamore Township will no longer pursue criminal charges against the man whose zombie Nativity scene has garnered nationwide attention.
Jasen Dixon had faced $13,500 in fines from the township, which issued 27 citations in December while his Nativity scene – featuring zombies in place of religious figures – was displayed in his yard. The display went up in early December and was taken down the day after Christmas.
Dixon’s attorney, Rob Linneman, said First Amendment issues were at stake – freedom of religion and freedom of speech.
“This is a victory for freedom of expression and for property rights,“ Linneman said. “A lot of people have looked at this case as a humorous story, but there is a fundamental principle at stake. The real importance of the First Amendment is that it protects unconventional and unpopular viewpoints from persecution.”
Township Administrator Greg Bickford said the township's cost to continue pursuing the case would have exceeded the amount it could have collected in fines. And, he said, the display has been taken down.
"There’s no sense in wasting taxpayer dollars going after something that doesn’t exist anymore," Bickford said.
The township’s decision comes after the Hamilton County Prosecutor’s Office notified Linneman that it would no longer prosecute the criminal charges. That happened last week. A spokesman for the agency, Triffon Callos, said his office decided it was a local issue that should be handled by the township.
With the prosecutor’s office out of the case, Sycamore Township would have been required to hire a special prosecutor to handle it.
Hamilton County Municipal Judge Brad Greenberg already was considering whether to dismiss the 27 zoning violations, after Linneman argued the township didn’t follow its own regulations. Greenberg was expected to issue a decision next month.
The display generated widespread controversy. Programs on Fox News and Comedy Central featured it. The New York Times wrote about it.
At least twice when hearings were scheduled in Municipal Court, people dressed as zombies walked outside the courthouse in support of Dixon.
Early this month, Forest Thomer, who wore a fake-blood-splattered shirt, said the township was wrong to pursue charges.
“Charging somebody $500 a day for expressing themselves? This is America,” Thomer said.
When asked if the township would again pursue fines against Dixon if the display goes up this year, Bickford said: "We'll cross that bridge when we come to it – if we come to it."